DIOGUARDI v. DURNING

No. 9.

151 F.2d 501 (1945)

DIOGUARDI v. DURNING.

Circuit Court of Appeals, Second Circuit.

October 17, 1945.


Attorney(s) appearing for the Case

John Dioguardi, of Brooklyn, N. Y., pro se.

Marvin M. Notkins, Asst. U. S. Atty., of New York City (John F. X. McGohey, U. S. Atty., of New York City, on the brief), for defendant-respondent.

Before L. HAND, SWAN and CLARK, Circuit Judges.


PER CURIAM.

When this case was here before, 2 Cir., 139 F.2d 774, we held that plaintiff's home-drawn complaint should not be summarily dismissed, but that he should be given opportunity to prove his claims that the customs officials had destroyed certain bottles of "tonics" shipped to him from Italy and had sold other bottles to persons other than the highest bidders at public auction conducted...

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